Sevcik v. Sandoval
Sevcik v. Sandoval is a federal case seeking to overturn Nevada's same-sex marriage constitutional ban. The case was filed on April 10, 2012, in the United States District Court for the District of Nevada. It was initially assigned to Judge Roger L. Hunt. On April 19, the case was reassigned to Chief Judge Robert C. Jones. Background District Court The plaintiffs in the case are eight same-sex couples. Four of them wish to marry within Nevada, and four are already married outside Nevada and wish for the state to recognize their relationships as marriages, rather than as domestic partnerships. The defendants are the Governor of Nevada and three officials whose duties include issuing marriage licenses, two for counties and one for a city. On May 15, 2012, shortly after the case was filed, the Coalition for the Protection of Marriage sought to intervene to defend the ban, citing concerns that the state and clerks may not be able to mount a proper defense. The plaintiffs opposed their intervention, especially since the intervenors' proposed schedule would add at least an extra year to the timetable that the plaintiffs and defendants had agreed to. The judge granted the Coalition's request to join the case, but rejected their proposed schedule. On August 10, 2012, the court scheduled oral arguments for November 26. On September 17, after each party (other than Clerks Alba and Harvey) filed their respective motions for summary judgment, the court cancelled oral arguments and declared that a judgment on the pleadings would be issued. That judgment was issued on November 26, 2012. The Equal Protection claims were dismissed due to Baker v. Nelson, and summary judgment was granted to the defendants and intervenor defendants on the remaining claims. Appeals On December 3, 2012, the plaintiffs filed an appeal with the Ninth Circuit. On December 7, 2012, the Coalition filed a petition for a writ of certiorari before judgment in the U.S. Supreme Court. The Court denied the petition on June 27, 2013, the day after deciding US v. Windsor and Hollingsworth v. Perry. In the Ninth Circuit, the plaintiffs filed a motion to have this case and Hawaii's Jackson v. Abercrombie appeal heard by the same panel of judges and follow the same schedule, including hearing the two cases on the same day. The Coalition opposed having the cases heard together, two parties in Jackson felt the motion was unnecessary because the Ninth Circuit would likely recognize the similarities in the cases and hear them together anyway, and all other parties in both cases either expressed no opinion or agreed with the motion. The Court granted the motion on January 7, 2013. Both cases were stayed while the U.S. Supreme Court considered Windsor and Perry. After those cases were decided, the schedule was postponed further by the plaintiffs. As it currently stands, the plaintiffs' opening brief is due on October 18, the response briefs from the defendants is due on November 18, and the plaintiffs may file a reply brief within 14 days of the response brief, most likely December 2. Timeline District Court * 2012-04-10: #1: by Plaintiffs ** 2012-05-03: #29: by all parties ** 2012-05-18: #34: by Defendant Clerk Alba ** 2012-05-18: #35: by Defendant Clerk Harvey * 2012-04-19: #27: Case reassigned to Chief Judge Robert C. Jones * 2012-05-15: #30: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-05-29: #37: by Defendant Governor Sandoval ** 2012-05-29: #38: by Defendant Clerk-Recorder Glover ** 2012-06-01: #40: by Plaintiffs ** 2012-06-08: #42: by Proposed Intervenor Defendants Coalition for the Protection of Marriage *** 2012-08-02: #63: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-06-11: #45: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed) *** 2012-07-26: #61: (multi-listed) ** 2012-08-07: #64: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-08-09: #65: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-08-10: #67: (multi-listed) *** 2012-08-29: #69: through 2012-11-27 * 2012-05-17: #32: by Defendant Governor Sandoval ** 2012-06-01: #41: by Plaintiffs (multi-listed) ** 2012-06-14: #49: by Defendant Governor Sandoval *** 2012-06-14: #50: ** 2012-06-21: #51: by Defendant Governor Sandoval ** 2012-06-25: #53: by Plaintiffs (multi-listed) *** 2012-07-02: #56: by Defendant Governor Sandoval *** 2012-07-02: #57: by Defendant Governor Sandoval *** 2012-07-03: #59: (multi-listed) ** 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed) *** 2012-07-26: #61: (multi-listed) ** 2012-08-10: #67: (multi-listed) ** 2012-09-17: #89: (multi-listed) ** 2012-09-18: #91: (multi-listed) ** 2012-09-18: #92: (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-05-18: #33: by Defendant Clerk-Recorder Glover ** 2012-06-01: #41: by Plaintiffs (multi-listed) ** 2012-06-11: #46: by Plaintiffs ** 2012-06-25: #53: by Plaintiffs (multi-listed) *** 2012-06-27: #54: by Defendant Clerk-Recorder Glover *** 2012-07-03: #59: (multi-listed) ** 2012-07-03: #59: Hearing scheduled for 2012-08-06 (multi-listed) *** 2012-07-26: #61: (multi-listed) ** 2012-08-10: #67: (multi-listed) ** 2012-09-17: #89: (multi-listed) ** 2012-09-18: #91: {scribd|106310345|Motion for Clarification}} (multi-listed) ** 2012-09-18: #92: (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-06-01: #39: by all parties ** 2012-06-08: #43: by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-06-12: #48: by Plaintiffs ** 2012-08-09: #66: ** 2012-08-23: #68: by Intervenor Defendants Coalition for the Protection of Marriage ** 2012-08-28: #70: , hearing scheduled for 2012-09-18 unless parties agree to a schedule before then ** 2012-09-14: #88: by all parties ** 2012-09-17: #90: * 2012-06-29: #55: pending resolution of Motion to Intervene (#30) by Proposed Intervenor Defendants Coalition for the Protection of Marriage ** 2012-07-02: #58: by Defendant Governor Sandoval ** 2012-07-03: #59: (multi-listed) * 2012-09-10: #72: by Intervenor Defendants Coalition for the Protection of Marriage ** 2012-09-10: #73, 75-84: Appencides , , , , , , , , , , and ** 2012-09-27: #93: by Plaintiffs (multi-listed) *** 2012-10-22: #94: (multi-listed) ** 2012-10-26: #98: by Plaintiffs (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-09-10: #74: by Defendant Clerk-Recorder Glover ** 2012-09-27: #93: by Plaintiffs (multi-listed) *** 2012-10-22: #94: (multi-listed) ** 2012-10-26: #98: by Plaintiffs (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-09-10: #85: by Defendant Governor Sandoval ** 2012-09-27: #93: by Plaintiffs (multi-listed) *** 2012-10-22: #94: (multi-listed) ** 2012-10-26: #98: by Plaintiffs (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-09-10: #86: by Plaintiffs ** 2012-09-10: #87: by Plaintiffs ** 2012-10-25: #95: by Intervenor Defendants Coalition for the Protection of Marriage *** 2012-10-31: #99: by Intervenor Defendants Coalition for the Protection of Marriage ** 2012-10-25: #96: by Defendant Governor Sandoval ** 2012-10-25: #97: by Defendant Clerk-Recorder Glover ** 2012-11-08: #100: by Plaintiffs *** 2012-11-09: #101: by Intervenor Defendants Coalition for the Protection of Marriage *** 2012-11-26: #102: (multi-listed) ** 2012-11-26: #102: (multi-listed) * 2012-12-03: #103: (closing the case) * 2012-12-03: #104: to Ninth Circuit by Plaintiffs ** 2012-12-03: #106: by Plaintiffs ** 2012-12-04: #108: from Ninth Circuit * 2012-12-07: #109: to Supreme Court by Supreme Court ** 2013-07-10: #110: by Supreme Court Ninth Circuit * 2012-12-03: #1: Appeal filed by Plaintiffs-Appellants * 2012-12-05: #3: Notice of petition for writ of certiorari before judgment, by Intervenor-Defendant-Appellee Coalition for the Protection of Marriage ** 2013-07-10: #16: by Supreme Court * 2012-12-11: #7: by Plaintiffs-Appellants ** 2012-12-12: #21 by Jackson v. Abercrombie Defendant-Appellant Governor Abercrombie ** 2012-12-21: #9: by Intervenor-Defendant-Appellee Coalition for the Protection of Marriage ** 2012-12-28: #10: by Plaintiffs-Appellants ** 2013-01-07: #11: * 2013-12-13: #23 by Jackson Appellee Hawaii Family Forum ** 2013-01-24: #13: * 2013-08-22: #17: by Plaintiffs-Appellants ** 2013-08-23: #18: . New deadlines: **:2013-10-18: Appellants' opening brief due **:2013-11-18: Appellees' response briefs due **:2013-12-02: Appellants' reply briefs due (or 14 days after response briefs are filed, if earlier) * *''...several additional items to be added soon...'' * *Amicus briefs filed in support of the plaintiffs *:2013-10-23: #21: *:2013-10-24: #22: *:2013-10-25: #24: *:2013-10-25: #25: *:2013-10-25: #26: *:2013-10-25: #27: *:2013-10-25: #28: *:2013-10-25: #29: *:2013-10-25: #30: *:2013-10-25: #31: *:2013-10-25: #32: *:2013-10-25: #35: *:2013-10-25: #37: *:2013-10-25: #38: *:2013-10-25: #39: *:2013-10-25: #40: *:2013-10-25: #41: * *''...several additional items to be added soon...'' * * Amicus briefs filed in support of Nevada: *:2014-01-22: #114: Center for Urban Renewal and Education *:2014-01-24: #118: Marriage Law Foundation *:2014-01-27: #119: Robert P. George *:2014-01-27: #120: Institute for Marriage and Public Policy *:2014-01-27: #121: Helen M. Alvaré *:2014-01-27: #123: Pacific Justice Institute *:2014-01-28: #135: Concerned Women for America *:2014-01-28: #137: ADF *:2014-01-28: #138: 11 States *:2014-01-28: #139: Social Science Professors *:2014-01-28: #140: Paul McHugh *:2014-01-28: #141: Liberty Counsel *:2014-01-28: #143: Church Groups *:2014-01-28: #144: Center for Constitutional Jurisprudence *2014-01-28: #142: by Clerk Glover **2014-01-30: #149: Order withdrawing Clerk's Brief Supreme Court * 2012-12-05: by Petitioner Coalition for the Protection of Marriage * 2012-12-07: * 2013-02-06: by Respondents (Plaintiffs) ** 2013-02-13: by Petitioner * 2013-03-15: Considered at conference, no action * 2013-06-26: Considered at conference ** 2013-06-27: Category:Nevada Category:Federal cases Category:2012 cases Category:2013 cases Category:Open cases Category:Ninth Circuit